BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

WESTJET 

under 14 CFR Part 212 for a statement of 

authorization (blanket codesharing) 

Docket DOT-OST-2014- 

APPLICATION OF WESTJET FOR A STATEMENT OF AUTHORIZATION 

Communications with respect to this document should be sent to: 

DON H. HAINBACH 

JASON E. MADDUX 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Washington, DC 20036 

Phone: (202) 776-3970 

dhainbach@ggh-airlaw.com 

jmaddux@ggh-airlaw.com 

Counsel for WestJet

July 28, 2014 

Notice: Any person who wishes to support or oppose this application may file an answer on or before 

August 12, 2014. However, WestJet requests expedited treatment of this application. WestJet will 

poll the U.S. carrier representatives served with this application and notify the Department promptly 

of the results of the poll. 

 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

WESTJET 

under 14 CFR Part 212 for a statement of 

authorization (blanket codesharing) 

Docket DOT-OST-2014- 

APPLICATION OF WESTJET FOR A STATEMENT OF AUTHORIZATION 

 WestJet hereby applies for a statement of authorization pursuant to 14 CFR Part 212 to the 

extent necessary to enable it to allow WestJet to display the Japan Airlines (JAL) JL* designator 

code on flights operated by WestJet from any point or points behind Canada, via any point or points 

in Canada, and via intermediate points to any point or points in the United States and beyond. 

WestJet intends to initiate codeshare service on or about August 31, 2014, by listing the Japan 

Airlines JL* designator code on flights operated by WestJet between Vancouver and Honolulu and 

respectfully requests expedited approval of this application to enable it to begin marketing and sales 

activities without delay.1

 WestJet furthers request that the statement of authorization be issued for an 

indefinite period. 

 In support of this application, WestJet submits the following: 

1. WestJet, a Canadian carrier, currently operates service to the United States pursuant to its 

foreign air carrier permit issued by the Department by Order 2012-6-6, in Docket DOT-OST-2001-

11158. That foreign air carrier permit authorizes WestJet to operate, inter alia: 

 

1

 To the extent necessary, WestJet respectfully requests a waiver of the advance filing requirements specified 

in Part 212 of the Department’s regulations. 
2 

Scheduled foreign air transportation of persons, property, and mail from points 

behind Canada via Canada and intermediate points to a point or points in the United 

States and beyond 

2. JAL, a carrier of Japan, currently operates service to the United States pursuant to its foreign 

air carrier permit issued by the Department by Order 1998-4-17, in Docket DOT-OST-1998-3484. 

That foreign air carrier permit authorizes JAL to operate, inter alia: 

Foreign air transportation of persons, property and mail serving points behind Japan, 

between Japan and the United States via intermediate points, and beyond the United 

States. 

3. WestJet and Japan Airlines have entered into a codeshare agreement, and WestJet is 

requesting blanket codeshare authorization for the transportation of persons, property and mail, 

pursuant to Part 212 of the Department’s regulations, to allow WestJet to display the Japan Airlines 

JL* designator code on flights operated by WestJet from any point or points behind Canada, via any 

point or points in Canada, and via intermediate points to any point or points in the United States and 

beyond. JAL will not market its codeshare service to local passengers traveling solely between 

Canada and the United States. 

4. The requested authority is consistent with the March 12, 2007 U.S.-Canada Air Transport 

Agreement, Article 11(6) of which authorizes cooperative marketing arrangements including 

codesharing with third-country airlines. The requested authority is also consistent with the October 

25, 2010 Memorandum of Understanding between Japan and the United States, Part VII of which 

authorizes cooperative marketing arrangements including codesharing with third-country airlines. 

5. Blanket authorizations are in the public interest because they enable codeshare partners to 

develop the full range of services permitted under applicable air services agreements. The services 

contemplated by WestJet and JAL will provide a more efficient use of capacity in the marketplace 

and will help maximize the service options available to the traveling and shipping public. The 

requested authorization is also consistent with the Department's grant of blanket codesharing 

authority to other foreign carriers whose homeland governments have open skies relationships with 
3 

the United States. See, e.g., Department Action on Application, Docket DOT-OST-2010-0248 

(October 21, 2010) granting blanket codesharing statements of authorization to British Airways and 

Iberia; and Department Action on Application, Docket DOT-OST-2011-0181 (October 3, 2011) 

granting blanket codesharing statements of authorization to JAL and LAN Airlines S.A. 

6. By submitting this application, WestJet hereby provides notice of its intent to engage in 

codeshare services to open skies points as described above. Consistent with standard practice, 

WestJet will notify the Department no later than 30 days before commencing any codeshare services 

to non-open skies points. It will inform the Department of the codeshare market(s) to be served and 

the date on which the service will begin. WestJet and JAL will conduct all of their codeshare 

operations in compliance with 14 CFR Part 257 and will accept the Department’s standard codeshare 

conditions. 

 ACCORDINGLY, WestJet submits that grant of the authority requested here would be 

consistent with the public interest, and it respectfully requests that the Department grant it a 

statement of authorization to enable it to engage in blanket open skies codesharing by listing the 

Japan Airlines JL* designator code on flights operated by WestJet from any point or points behind 

Canada, via any point or points in Canada, and via intermediate points to any point or points in the 

United States and beyond, and such other additional relief as the Department may deem appropriate. 

WestJet further requests that the requested authority be granted for an indefinite period, consistent 

with the Department’s practice. 

Respectfully submitted, 

Don H. Hainbach 

Jason E. Maddux 

Counsel for WestJet
CERTIFICATE OF SERVICE 

 I hereby certify that I have this day served the foregoing document by email on the following 

persons: 

__________________________________ 

Vanessa C. Krasniewicz 

July 28, 2014 

Marshall Sinick (Alaska/Horizon) marshall.sinick@squiresanders.com 

Charles Donley (Alaska/Horizon) charles.donley@squiresanders.com 

Howard Kass (American) Howard.kass@aa.com 

Robert Wirick (American) robert.wirick@aa.com 

John Richardson (Amerijet International) jrichardson@johnlrichardson.com 

Joan Canny (Amerijet International) jcanny@amerijet.com 

Gerald F. Murphy (Atlantic Southeast/ExpressJet/ 

SkyWest) gmurphy@crowell.com 

Kevin Montgomery (Atlas/Polar) kevin.montgomery@polaraircargo.com 

Russell Pommer (Atlas Air) rpommer@atlasair.com 

Chris Walker (Delta) chris.walker@delta.com 

Alexander Van der Bellen (Delta) sascha.vanderbellen@delta.com 

Nancy Sparks (FedEx) nssparks@fedex.com 

Courtney Felts (FedEx) cefelts@fedex.com 

Jonathan Hill (Hawaiian/JetBlue) jhill@cooley.com 

Parker Erkmann (Hawaiian/JetBlue) perkmann@cooley.com 

Mark Atwood (Kalitta) matwood@cozen.com 

Joanne Young (Spirit) jyoung@yklaw.com 

Dan Weiss (United) dan.weiss@united.com 

Steve Morrissey (United) steve.morrissey@united.com 

Anita Mosner (UPS) Anita.mosner@hklaw.com 

Jennifer Nowak (UPS) jennifer.nowak@hklaw.com 

 

Robert Finamore (DOT) robert.finamore@dot.gov 

John Duncan (FAA) john.s.duncan@faa.gov 

Stephen Cristina (State Department) cristinasa@state.gov